Family and Child Care Laws
Homes and Child Care
U.S. Progress in Ending Physical Punishment of Children in Schools, Institutions, Foster Care, Day Care and Families (***Summary, July 2008, Compiled by Nadine Block, The Center for Effective Discipline)
***For details, please continue to scroll this page...
SCHOOLS
Physical punishment is banned in all public schools in 29 states. In the 21 states which allow its use, many large city school districts have banned it.
According to the U.S. Department of Education, Office of Civil Rights, 272,028 public school students were paddled in the 2004-2005 school year.
FAMILY DAY CARE
In state-regulated family day care settings, 47 states ban physical punishment of children by law or regulations.
GROUP HOMES/INSTITUTIONS
Physical punishment is prohibited by law or regulations in state-regulated group homes and institutions of 44 states.
DAY CARE CENTERS
Physical punishment is prohibited by law or regulations in state-regulated day care centers in 48 states.
HOME FOSTER CARE
Physical punishment is prohibited by law or regulations in state-regulated family foster care in 49 states.
HOMES
Reasonable physical punishment is allowed in homes in all states except for Minnesota where a series of statutory provisions read together make physical punishment by parents or other lawful custodians a prosecutable assault.
U.S. Progress in Ending Physical Punishment of Children in Schools, Institutions, Foster Care, Day Care and Families
EPOCH-USA seeks to end corporal punishment of children in all settings including homes through education and legal reform. Only by putting bans in laws or regulations can such changes be effectively enforced. All bans should be accompanied by an educational component.
** The following information on the use of corporal punishment for licensed care for children was obtained from child care licensing laws and regulations for day care, family foster care and residential group care for each state. Information about schools was obtained from laws regulating public schools.
Terms:
Prohibited: Corporal punishment is specifically prohibited by laws or regulations.
Permitted: Corporal punishment is not specifically prohibited or is specifically allowed by laws or regulations. In some states it is allowed only for specific ages or in specific settings. In some states it is not specifically prohibited but training and legal interpretation by state regulatory offices ban its use even though there is no specific statutory or regulatory authority for doing so. Some local child care licensing requirements may prohibit corporal punishment even if there are no state prohibitions.
CHILD CARE LICENSING LAWS EXEMPTIONS: The following states have certain religious exemptions in licensing regulations: Please contact info@stophitting.org for further information: Alabama, Arkansas, Connecticut, Florida, Illinois, Indiana, Maryland, Missouri, North Carolina, South Carolina, Tennessee, and Utah.
** In all states where corporal punishment is not banned, local boards may prohibit its use.
** All states permit parents to use reasonable corporal punishment of children (except Minnesota). Twenty three countries do not permit its use in families - Portugal, Norway, Sweden, Denmark, Austria, Finland, Germany, Greece, Croatia, Latvia, Cyprus, Iceland, Romania, Ukraine, Hungary, Bulgaria, Israel, Netherlands, New Zealand, Uruguay, Venezuela, Spain and Chile. (see here for more details)
STATE BY STATE SURVEY
| Alabama | Alaska | Arizona | Arkansas | California |
| Colorado | Conneticut | Delaware | District of Columbia | Florida |
| Georgia | Hawaii | Idaho | Illinois | Indiana |
| Iowa | Kansas | Kentucky | Louisiana | Maine |
| Maryland | Massachusetts | Michigan | Minnesota | Mississippi |
| Missouri | Montana | Nebraska | Nevada | New Hampshire |
| New Jersey | New Mexico | New York | North Carolina | North Dakota |
| Ohio | Oklahoma | Oregon | Pennsylvania | Rhode Island |
| South Carolina | South Dakota | Tennessee | Texas | Utah |
| Vermont | Virginia | Washington | West Virginia | Wisconsin |
| Wyoming |
Physical Abuse Cases by State (2005)
The following is a state-by-state chart of confirmed physical abuse cases in the US in 2005.
Physical abuse of children most often begins as "discipline" in homes. The following list is a state-by-state list of confirmed physical abuse cases from Child Maltreatment 2005 from the U.S. Department of Health and Human Services. It is well accepted by child abuse authorities that the number of physical abuse incidents are substantially underestimated. A study in the Carolinas showed that for every child officially listed as a confirmed victim of physical abuse, more than 40 go undetected. By: Theodore et al., (2005) Pediatrics, 115:331-337. Many child abuse prevention professionals have agreed that ending corporal punishment of children through education and legal reform would greatly reduce physical abuse of children.
| State | Number of Physical Abuse Victims |
|---|---|
| Alabama | 3,659 |
| Alaska | 392 |
| Arizona | 1,303 |
| Arkansas | 1,566 |
| California | 12,118 |
| Colorado | 1,623 |
| Connecticut | 809 |
| Delaware | 544 |
| District of Columbia | 457 |
| Florida | 15,661 |
| Georgia | 4,919 |
| Hawaii | 307 |
| Idaho | 344 |
| Illinois | 7,783 |
| Indiana | 2,630 |
| Iowa | 1,881 |
| Kansas | 603 |
| Kentucky | 2,407 |
| Louisiana | 3,427 |
| Maine | 751 |
| Maryland | 3,893 |
| Massachusetts | 5,055 |
| Michigan | 4,399 |
| Minnesota | 1,438 |
| Mississippi | 1,302 |
| Missouri | 2,460 |
| Montana | 225 |
| Nebraska | 931 |
| Nevada | 887 |
| New Hampshire | 192 |
| New Jersey | 3,273 |
| New Mexico | 1,055 |
| New York | 7,957 |
| North Carolina | 1,162 |
| North Dakota | 258 |
| Ohio | 8,889 |
| Oklahoma | 2,545 |
| Oregon | 1,064 |
| Pennsylvania | 1,411 |
| Puerto Rico | 3,802 |
| Rhode Island | 479 |
| South Carolina | 3,228 |
| South Dakota | 187 |
| Tennessee | 6,126 |
| Texas | 14,491 |
| Utah | 1,937 |
| Vermont | 523 |
| Virginia | 1,773 |
| Washington | 1,311 |
| West Virginia | 2,588 |
| Wisconsin | 1,234 |
| Wyoming | 60 |
| Total | 149,319 |
| Number Reporting | 52 |
| Source: U.S. Department of Health and Human Services, Administration on Children, Youth and Families. Child Maltreatment 2005 (Washington, DC: U.S. Government Printing Office, 2007). | |
Family Day Care - Prohibited
Group Homes/Institutions - Prohibited
Day Care Centers- Prohibited
Home Foster Care - Prohibited
Schools - Not Prohibited
Family Day Care - Prohibited
Group Homes/Institutions - Prohibited
Day Care Centers - Prohibited
Family Foster Care - Prohibited
Schools - Prohibited by state regulation
Family Day Care - Prohibited
Group Homes/Institutions - Prohibited
Day Care Centers-Prohibited
Home Foster Care - Prohibited
Schools - Permitted
Family Day Care - Prohibited
Group Homes/Institutions- Prohibited in facilities licensed by the AR Department of Human Services.
Permitted in private group homes/institutions licensed AR Child Welfare Agency Review Board
Day Care Centers- Prohibited
Home Foster Care - Prohibited in homes licensed by the AR Department of Human
Services
Schools - Permitted
Family Day Care - Prohibited
Group Homes/Institutions- Prohibited
Day Care Centers - Prohibited
Home Foster Care - Prohibited
Schools - Prohibited
Family Day Care - Prohibited
Group Homes/Institutions- Prohibited
Day Care Centers -Prohibited
Home Foster Care - Prohibited
Schools - Permitted
Family Day Care - Prohibited
Group Homes/Institutions - Prohibited
Day Care Centers - Prohibited
Home Foster Care - Prohibited
Schools - Prohibited
Family Day Care - Prohibited
Group Homes/Institutions - Prohibited
Day Care Centers - Prohibited
Home Foster Care - Prohibited
Schools - Prohibited
Family Day Care - Permitted but proposed in pending revision
Group Homes/Institutions - Prohibited
Day Care Centers - Prohibited
Home Foster Care - Prohibited
Schools - Prohibited
Family Day Care - Prohibited
Group Homes/Institutions - Prohibited
Day Care Centers - Prohibited
Home Foster Care -Prohibited
Schools - Permitted
Family Day Care - Prohibited
Group Homes/Institutions - Prohibited
Day Care Centers - Prohibited
Home Foster Care - Prohibited
Schools - Permitted
Family Day Care - Prohibited
Group Homes/Institutions - Permitted
Day Care Centers - Prohibited
Home Foster Care - Prohibited
Schools - Prohibited
Family Day Care - Permitted. It is not addressed in law.
Group Homes/Institutions - Prohibited
Day Care Centers - Permitted. It is not addressed in law.
Home Foster Care - Prohibited
Schools - Permitted
Family Day Care - Prohibited
Group Homes/Institutions - Prohibited
Day Care Centers - Prohibited
Home Foster Care - Prohibited
Schools - Prohibited
Family Day Care - Permitted by law
Group Homes/Institutions - Permitted - Strongly discouraged through training
and interpretation of laws and regulations. Parent consent required.
Day Care Centers - Prohibited
Home Foster Care - Prohibited (1999)
Schools - Permitted
Family Day Care - Prohibited
Group Homes/Institutions - Prohibited
Day Care Centers - Prohibited
Home Foster Care - Prohibited
Schools - Prohibited
Family Day Care - Prohibited
Group Homes/Institutions - Prohibited
Day Care Centers - Prohibited
Home Foster Care - Prohibited
Schools - Permitted
Family Day Care - Prohibited
Group Homes/Institutions - Prohibited
Day Care Centers - Prohibited
Home Foster Care - Prohibited
Schools - Permitted
Family Day Care - Permitted
Group Homes/Institutions - Permitted in Child Residential Class "B" unless approved in writing by parent. Prohibited in Child Residential Class "A"
Day Care Centers - Permitted Class B (receive no federal funding) with parent
permission. Prohibited in Class A Centers.
Home Foster Care - Prohibited
Schools - Permitted
Family Day Care - Prohibited
Group Homes/Institutions - Prohibited
Day Care Centers - Prohibited
Home Foster Care - Prohibited
Schools - Prohibited
Family Day Care - Prohibited
Group Homes/Institutions - Prohibited
Day Care Centers - Prohibited
Home Foster Care - Prohibited
Schools - Prohibited
Family Day Care -Prohibited
Group Homes/Institutions - Prohibited
Day Care Centers - Prohibited
Home Foster Care - Prohibited
Schools - Prohibited
Family Day Care - Prohibited
Group Homes/Institutions - Prohibited
Day Care Centers - Prohibited
Home Foster Care - Prohibited
Schools - Prohibited
Family Day Care - Prohibited
Group Homes/Institutions - Prohibited
Day Care Centers - Prohibited
Home Foster Care - Prohibited
Schools - Prohibited
Family Day Care - Prohibited
Group Homes/Institutions - Permitted except in licensed homes
Day Care Centers - Prohibited
Home Foster Care - Permitted
Schools - Permitted
Family Day Care - Prohibited
Group Homes/Institutions - Prohibited
Day Care Centers - Prohibited
Home Foster Care - Prohibited
Schools - Permitted
Family Day Care - Prohibited
Group Homes/Institutions - Prohibited
Day Care Centers - Prohibited
Home Foster Care - Prohibited
Schools - Prohibited
Family Day Care - Prohibited
Group Homes/Institutions - Prohibited
Day Care Centers - Prohibited
Home Foster Care - Prohibited
Schools - Prohibited
Family Day Care - Prohibited
Group Homes/Institutions - Prohibited
Day Care Centers - Prohibited
Home Foster Care - Prohibited
Schools - Prohibited
Family Day Care - Prohibited
Group Homes/Institutions - Prohibited
Day Care Centers - Prohibited
Home Foster Care - Prohibited
Schools - Prohibited by state regulation
Family Day Care - Prohibited
Group Homes/Institutions - Prohibited
Day Care Centers - Prohibited
Home Foster Care - Prohibited
Schools - Prohibited
Family Day Care - Prohibited
Group Homes/Institutions - Prohibited
Day Care Centers - Prohibited
Home Foster Care - Prohibited
Schools - Permitted
Family Day Care - Prohibited
Group Homes/Institutions - Prohibited
Day Care Centers - Prohibited
Home Foster Care - Prohibited
Schools - Prohibited by state regulation
Family Day Care - Prohibited
Group Homes/Institutions - Prohibited
Day Care Centers - Prohibited in licensed centers. (permitted in religious-sponsored centers if the part of the religious belief of the church and with parent permission.
Home Foster Care - Prohibited
Schools - Permitted
Family Day Care - Prohibited
Group Homes/Institutions - Prohibited
Day Care Centers - Prohibited
Home Foster Care - Prohibited
Schools - Prohibited
Family Day Care - Prohibited
Group Homes/Institutions - Prohibited
Day Care Centers - Prohibited
Home Foster Care - Prohibited
Schools - Permitted Corporal punishment is banned in public schools unless school districts follow procedures and timelines to retain its use. Fewer than 25 out of 611 public school districts and about 250 community schools report using corporal punishment.
Family Day Care - Prohibited
Group Homes/Institutions - Prohibited
Day Care Centers - Prohibited
Home Foster Care - Prohibited
Schools - Permitted
Family Day Care - Prohibited
Group Homes/Institutions - Prohibited
Day Care Centers - Prohibited
Home Foster Care - Prohibited
Schools - Prohibited
Family Day Care - Prohibited
Group Homes/Institutions - Prohibited
Day Care Centers - Prohibited
Home Foster Care - Prohibited
Schools - Prohibited by state board of education regulation
Family Day Care - Prohibited
Group Homes/Institutions - Prohibited
Day Care Centers - Prohibited
Home Foster Care - Prohibited
Schools - Prohibited by all boards of education
Family Day Care - Permitted Written parental permission required
Group Homes/Institutions - Prohibited in facilities when in custody of the state or placed by public agencies
Day Care Centers - Permitted Written parental permission required
Home Foster Care - Prohibited
Schools - Permitted
Family Day Care - Prohibited
Group Homes/Institutions - Permitted
Day Care Centers - Prohibited
Home Foster Care - Prohibited
Schools - Prohibited by law rescinding authorization to use
Family Day Care - Prohibited
Group Homes/Institutions - Prohibited in all child welfare licensed facilities except for Residential Child Care Agencies which must have parental or guardian permission for corporal punishment. (new proposed standards would also include these under prohibition)
Day Care Centers - Prohibited
Home Foster Care - Permitted
Schools - Permitted
Family Day Care - Prohibited. Corporal punishment and the threat of corporal punishment is prohibited.
Group Homes/Institutions - Prohibited
Day Care Centers - Prohibited
Home Foster Care - Prohibited
Schools - Permitted
Family Day Care - Prohibited
Group Homes/Institutions - Prohibited
Day Care Centers - Prohibited
Home Foster Care - Prohibited
Schools - Prohibited by state regulation
Family Day Care - Prohibited
Group Homes/Institutions - Prohibited
Day Care Centers - Prohibited
Home Foster Care - Prohibited
Schools - Prohibited
Family Day Care - Prohibited
Group Homes/Institutions - Permitted Seven licensed institutions under 1987
standards "frozen by legislation for those institutions are permitted to use corporal
punishment. As of 4-99 all seven had banned its use.
Day Care Centers - Prohibited
Home Foster Care - Prohibited
Schools - Prohibited
Family Day Care - Prohibited
Group Homes/Institutions - Prohibited
Day Care Centers - Prohibited
Home Foster Care - Prohibited
Schools - Prohibited
Family Day Care - Prohibited
Group Homes/Institutions - Prohibited
Day Care Centers - Prohibited
Home Foster Care - Prohibited
Schools - Prohibited
Family Day Care - Prohibited
Group Homes/Institutions - Prohibited
Day Care Centers - Prohibited
Home Foster Care -Prohibited
Schools - Prohibited
Family Day Care - Prohibited
Group Homes/Institutions - Prohibited
Day Care Centers - Prohibited
Home Foster Care - Prohibited
Schools - Permitted
Important Notes: We have tried to report information about state laws and regulations accurately but offer the following caveats:
- Legislation/regulations are subject to change - We are aware of regulations being reviewed in a couple of states. Please inform us of changes.
- There are great variations in licensing/regulatory definitions which make comparisons difficult.
- Some states allow exemptions from licensing for facilities such as those run by religious or church groups and also for child care which involves only a few children, and
- Where we were unable to get current information, we kept the information from the previous study.
Please contact EPOCH-USA at info@stophitting.org for a contact person/office in your state where a complete set of regulations including definitions may be obtained. We recommend the web site National Resource Center for Health and Safety in Child Care for state-by-state child care licensing information. The Children’s Foundation in Washington, DC has helpful licensing studies and can be contacted at childrensfoundation@erols.com. The National Coalition to Abolish Corporal Punishment in Schools has specific information about public school corporal punishment on this web site.
The first survey of states’ progress in eliminating corporal punishment was done by Professor Adrienne Algren Haeuser, Co-Founder of EPOCH-USA. Copies of the 1993 study are available from the Center for Effective Discipline.
** The following states have certain religious exemptions in licensing regulations: Please contact info@stophitting.org for further information: Alabama, Arkansas, Connecticut, Florida, Illinois, Indiana, Maryland, Missouri, North Carolina, South Carolina, Tennessee, and Utah.
Differentiating child abuse from parental corporal punishment and reasonable parental discipline.
KEY:
Ci = Civil Child Protection/Child Welfare/Juvenile Court Statutes
Cr = Criminal Child Abuse/Neglect/Endangerment/Justification for Use of Force Statute
State List
| Alabama | Alaska | Arizona | Arkansas | California |
| Colorado | Conneticut | Delaware | District of Columbia | Florida |
| Georgia | Hawaii | Idaho | Illinois | Indiana |
| Iowa | Kansas | Kentucky | Louisiana | Maine |
| Maryland | Massachusetts | Michigan | Minnesota | Mississippi |
| Missouri | Montana | Nebraska | Nevada | New Hampshire |
| New Jersey | New Mexico | New York | North Carolina | North Dakota |
| Ohio | Oklahoma | Oregon | Pennsylvania | Rhode Island |
| South Carolina | South Dakota | Texas | Tennessee | Utah |
| Vermont | Virginia | Washington | West Virginia | Wisconsin |
| Wyoming |
For further information, please visit: http://www.calib.com/nccanch/services/statutes.htm
Parent/guardian/person responsible for care and supervision of a minor may use reasonable and appropriate physical force when and to the extent he reasonably believes it necessary and appropriate to maintain discipline or promote welfare of the child. Sec. 13A-3-24. [Cr.]
Force is justified when and to the extent reasonably necessary and appropriate to promote a child's welfare. Parent/guardian/other person with care and supervision of child under 18 may use reasonable and appropriate non-deadly force upon the child. Sec. 11.81.430.[Cr.]
Parent/guardian may use reasonable and appropriate physical force upon the minor when and to the extent reasonably necessary and appropriate to maintain discipline. Sec. 13-403.[Cr.]
Abuse does not include physical discipline of a child if reasonable and moderate and inflicted by a parent or guardian for restraining or correcting a child. Reasonable or moderate physical discipline does not include: throwing, kicking, burning, biting, cutting, striking with a closed fist, shaking a child under 3, striking a child under 6 on the face, interfering with a child's breathing, or any other act that is likely to cause bodily harm greater than transient pain or minor temporary marks. [Statute says this is an illustrative and not exclusive list]. Age, size, condition of the child, and the location of the injury and frequency or recurrence of injuries shall be considered in determining "reasonable" or "moderate." Sec. 9-27-303(3).[Ci.] Parent/guardian/other with care and supervision of a minor may use reasonable and appropriate physical force when and to the extent reasonably necessary to maintain discipline or promote the welfare of the child. Sec. 5-2-605(l).[Cr.] If the belief that the force is necessary is a reckless or negligent belief, or an excessive degree of physical force is used, then the above offers no defense to a crime if the culpability of that crime is proven by showing recklessness or negligence. Justification is not available if person recklessly or negligently injured or created a substantial risk of injury to a person. Sec. 5-2-614.[Cr.]
Law not intended to prohibit the use of reasonable methods of parental discipline, or to prescribe a particular method of parenting. Serious physical harm does not include reasonable and age-appropriate spanking to the buttocks where there is no evidence of serious physical injury. Welf. and Inst. Code Sec. 300. [Ci.] Abuse includes physical injury to a child inflicted by other than accidental means as well as unlawful corporal punishment or injury. Penal Code Sec. 11165.6.[Cr.] "Unlawful corporal punishment or injury" is any person willfully inflicting upon a child any cruel or inhuman corporal punishment or injury resulting in a traumatic condition. Penal Code Sec. 11165.4.[Cr.]
Any investigation of child abuse shall take into account the child-rearing practices of the child's culture. Child abuse and neglect does not include acts which can be reasonably construed to be a reasonable exercise of parental discipline. Sec. 19-1-103(b).[Ci.] A continued pattern of conduct which results in cruel punishment or accumulation of injury which results in death or serious bodily injury is child abuse. Sec. 18-6-
401.[Cr.] Parent/guardian/ person with care and supervision of minor can use reasonable and appropriate physical force, if it is reasonably necessary and appropriate to maintain or promote welfare of child. Sec. 18-1-703.[Cr.]
It is abuse if having control and custody of a child under sixteen (16) one cruelly or unlawfully punishes. Sec. 53-20.[Cr.] Parent/guardian/person with care and supervision of a minor may use reasonable physical force, when and to the extent that he reasonably believes necessary to maintain discipline or promote welfare of minor. Sec. 53a-18.[Cr.]
Force is justifiable if reasonable and moderate and by parent/guardian/foster parent/legal custodian/other similar person responsible for care and supervision. Force must be - for purpose of safeguarding or promoting welfare of child, including prevention or punishment of misconduct, and - intended to benefit child. Reasonable and moderate is determined in light of: size, age, and condition of child, location, strength, and duration of force. Force is not justified if it consists of: Throwing child, kicking, burning, cutting, striking with a closed fist, interfering with breathing, use of or threatened use of deadly weapon, prolonged deprivation of sustenance or medication, any act likely to cause or causing physical injury, disfigurement, mental distress, unnecessary degradation or substantial risk of serious physical injury or death. Criminal Sec. 468.[Cr.]
Abuse includes excessive corporal punishment. Sec. 6-2101.[Ci.] Abuse includes when a parent/guardian/custodian inflicts or fails to make reasonable efforts to prevent the infliction of physical or mental injury, including excessive corporal punishment. Sec. 16-2301.[Ci.]
Corporal discipline of a child by a parent/legal custodian does not, in itself, constitute abuse when it does not result in harm to the child. Sec. 39.01(2). [Ci.] "Harm" to a child occurs when the parent or other person responsible for the child's welfare inflicts or allows to be inflicted upon the child physical, mental, or emotional injury. The following factors must be considered in evaluating any injury: prior injuries; location; multiplicity; and type of trauma. Such injuries include, but are not limited to willful acts that produce the following specific injuries: sprains, dislocations, or cartilage damage; bone or skull fractures; brain or spinal cord damage; intracranial hemorrhage or injury to other internal organs; asphyxiation, suffocation, or drowning; injury resulting from the use of a deadly weapon; burns or scalding; cuts, lacerations, punctures, or bites; permanent or temporary disfigurement; or permanent or temporary loss or impairment of a body part or function. "Willful" refers to the intent to perform an action, not to achieve a particular result or an intent to cause an injury. Sec. 39.01(30). [Ci.]
Physical forms of discipline may be used as long as there is no physical injury to the child. Secs. 19-7-5/ 19-15-1/49-5-180.[Ci.] Parent or person in loco parentis reasonably disciplining of a minor has a justification defense for a criminal prosecution based on that conduct. Sec. 16-3-20.[Cr.] The term "family violence" shall not be deemed to include reasonable discipline administered by a parent to a child in the form of corporal punishment, restraint, or detention. Sec. 19-13-1. [Ci.]
Parent/guardian/person responsible for general care and supervision of minor/person acting at request of above may use force if. -- employed with due regard for age and size of minor and reasonably related to purpose of safeguarding or promoting welfare of minor, including prevention or punishment of minor's conduct, and -- not designed to cause or known to create a risk of causing substantial bodily injury, disfigurement, extreme pain, mental distress, or neurological damage. Sec. 703-309.[Cr.]
Abuse includes physical cruelty in excess of that required for reasonable disciplinary purposes, inflicted by a parent or other person in whom legal custody is vested. Sec. 16-2002.[Ci.]
An "abused child" includes any child whose parent/immediate family member/person responsible for the child's welfare/individual residing in the same house/paramour of child's parent inflicts excessive corporal punishment. Secs. 325 5/3/ [Ci.]
Law does not limit right of parent/guardian/custodian to use reasonable corporal punishment when disciplining a child. Sec. 31-34-1-15.[Ci.]
The use of corporal punishment by the person responsible for the care of a child, which does not result in a physical injury to the child shall not be considered abuse (unless otherwise prohibited). Sec. 232.71B. [Ci.] Child endangerment includes using unreasonable force, torture, or cruelty which results in physical injury, is intended to cause serious injury, or causes substantial mental or emotional harm. Sec. 726.6.[Cr.]
Abuse of a child is intentionally torturing, cruelly beating, or shaking, which results in great bodily harm including cruel and inhuman corporal punishment upon any child. Sec. 21-3609.[Cr.]
Criminal abuse includes intentional abuse caused by cruel punishment to a child under 12 by person who has actual custody or permitting a child to be abused. Sec. 508.100. [Cr.] Parent/guardian/person with care and supervision of minor can use force if person believes force necessary for welfare of child and force is not designed to cause or known to cause a substantial risk of causing death, serious physical injury, disfigurement, extreme pain, or extreme mental distress. Sec. 503.110.[Cr.]
In determining abuse the agency should take into account that an injury may have resulted from what might be considered reasonable discipline for a child's misbehavior. Children's Code Art. 615(A).[Ci.] Parent reasonably disciplining a minor has a justification defense to a criminal prosecution based on that conduct. Sec. 14:18. [Cr.]
Parent/foster parent/guardian or other similar person responsible for the long term general care and welfare of a person is justified in using a reasonable degree of force against such person when and to the extent that he reasonably believes necessary to prevent or punish such person's misconduct. Justification does not extend to purposeful or reckless use of force that creates a substantial risk of death, serious bodily harm, or extraordinary pain. 17-A Sec. 106. [Cr.]
Law does not prohibit reasonable punishment by parent or stepparent, including reasonable corporal punishment, evaluated in light of the age and condition of child. Sec. 4-501.[Ci.]
Reasonable corporal punishment by a parent is not prohibited. Excessive corporal punishment determined by statutory definition of abuse. Actual injury and substantial risk of injury, as defined by statute, considered abuse not reasonable corporal punishment. Cobble v. Commissioner of Dept. of Social Services, 719 N.E.2d 500 (Mass. 1999) "Abuse" is the non-accidental commission of any act by a caretaker upon a child which causes, or creates a substantial risk of physical or emotional injury. Physical injury defined as fracture of any bone, subdural hematoma, burns, impairment of any organ, any other such nontrivial injury, or soft tissue swelling or skin bruising depending upon such factors as the child's age, circumstances under which the injury occurred and the number and location of bruises. 110 Sec. 2 [Ci.]
Parent/guardian/other person permitted by law, or authorized by parent, or guardian can take steps to reasonably discipline a child, including the use of reasonable force. Sec. 750.136b.[Cr.]
Parent/legal guardian/caretaker who intentionally uses unreasonable force or cruel discipline that is excessive under the circumstances is guilty of malicious punishment. Sec. 609.377.[Cr.] Parent/legal guardian/caretaker of child can use reasonable force to restrain or correct a child. Sec. 609.379.[Cr.]
Physical discipline, including spanking, performed on a child by a parent, guardian, or custodian, in a reasonable manner shall not be deemed abuse. Sec. 43-21-105.[Ci.]
Discipline including spanking, administered in a reasonable manner, is not abuse. Sec. 210.110. [Ci.] Force justified if by parent/guardian/other person entrusted with care and supervision of minor if- -- Person believes force necessary to promote welfare of minor, and -- Force used is not designed to cause or believed to create a substantial risk of causing death, serious 000physical injury, disfigurement, extreme pain, or extreme emotional distress. Sec. 563.061.[Cr.]
Parent or authorized agent of parent/guardian/master/teacher is justified to use force if reasonable and necessary to restrain or correct child. Sec. 45-3-107.[Cr.]
It is abuse to knowingly, intentionally, or negligently cause or permit a child to be cruelly punished. Sec. 28-710.[Cr.] Parent/guardian/person responsible for care and supervision/person acting at one of the above's request is justified to use force on a minor if for the purpose of safeguarding or promoting the welfare of minor, including prevention or punishment of misconduct, but not designed to cause or known to create a substantial risk of causing death, serious bodily harm, disfigurement, extreme pain, mental distress, or gross degradation. Sec. 28-1413.[Cr.] If the belief that the force is necessary is a reckless or negligent belief, then the above offers no defense to a crime, if the culpability of that crime is proven by showing recklessness or negligence. Justification is not available if person recklessly or negligently injured or created a substantial risk of injury to a person. Sec. 28-1414.[Cr.]
A child abuse investigation is not warranted if the agency determines that the alleged abuse was the result of the reasonable exercise of discipline by a parent or guardian involving the use of corporal punishment, including, without limitation, spanking or paddling; and corporal punishment so administered was not so excessive as to constitute abuse. Sec. 432B.260.[Ci.] Excessive corporal punishment may cause physical or mental injuries, which constitute abuse. Sec. 432B.150.[Ci.] "Injury" to a child occurs when a parent/guardian/custodian inflicts or allows to be inflicted upon a child physical, mental, or emotional injuries sustained as a result of excessive corporal punishment. Sec. 128.013.[Ci.]
Parent/guardian/person/teacher responsible for general care and welfare of minor may use force against minor when and to the extent that he reasonably believes it necessary to prevent or punish minor's misconduct. No defense available for malicious or reckless use of force that creates risk of death, serious bodily injury, or substantial pain. Sec. 627:6.[Cr.]
Cruelty to a child includes inflicting unnecessarily severe corporal punishment upon a child. Sec. 9:6-1.[Ci.] "Abuse" includes a parent, guardian, or other person with control or custody inflicting excessive corporal punishment (which must be excessive to the point that the child's physical, mental, or emotional condition has been impaired or is in imminent danger of becoming impaired as a result). Sec. 9:6-8.9.[Ci.] Person entrusted with special responsibility for care, supervision, discipline, or safety of another may use force against them if for the purpose of and to the extent necessary to further the responsibility. Sec. 2C:3-8. [Cr.] Justification is not available if the person recklessly or negligently injures or creates a risk of injury. Sec. 2C: 3-9.[Cr.]
An abused child includes one who has been cruelly punished by a parent/ guardian/ custodian. Sec. 32A-4-2(B).[Ci.] Abuse includes knowingly, intentionally, or negligently permitting or causing a child to be cruelly punished. Sec. 30-6-1.[Cr.]
Neglecting a child includes unreasonably inflicting or allowing the infliction of harm or substantial risk thereof, including excessive corporal punishment. Fam. Ct. Sec. 1012.[Ci.] Parent/guardian/other person with care and supervision of person under 21, can use non-deadly physical force when and to the extent he reasonably believes necessary to maintain discipline or promote welfare of person force performed upon. Penal Sec. 35:10.[Cr.]
"Abused juvenile" is any juvenile under 18 whose parent, guardian, custodian, or caretaker inflicts or allows to be inflicted by other than accidental means a serious physical injury or uses or allows to be used cruel or grossly inappropriate procedures or cruel or grossly inappropriate devices to modify behavior. Juvenile Code Sec. 7B-101.
"Harm" includes injuries sustained from excessive corporal punishment. Sec. 50-25.1-02.[Ci.] Parent/guardian/other person (not including school district employee) responsible for care and supervision of minor/person acting at direction of the above can use reasonable force on a minor for safeguarding or promoting his welfare, including prevention or punishment of his misconduct and maintenance of proper discipline. Force does not have to be "necessary," but cannot create substantial risk of death, serious bodily injury or disfigurement, or gross degradation. Sec. 12.1-05-05.[Cr.]
"Abused child" includes one who exhibits evidence of any physical or mental injury or death, inflicted by other than accidental means, or any injury or death which is at variance with the history given of it. Except a child exhibiting evidence of corporal punishment or other physical disciplinary measure by a parent/guardian/custodian/person having custody or control/or person in loco parentis of a child is not an abused child. Sec. 2151.031.[Ci.] It is a criminal act to administer corporal punishment or other physical discipline, or to physically restrain the child in a cruel manner or for a prolonged period if it is excessive under the circumstances and creates a substantial risk of serious physical harm to the child. It is a criminal act to administer unwarranted disciplinary measures to child if there is a substantial risk that if conduct iscontinued it will seriously impair the child's health or development. Sec. 2919.22.[Cr.]
Parents/other persons can use ordinary force as a means of discipline, including but not limited to spanking, switching, or paddling. 21 Sec. 844.[Cr.]
Physical force is justified if parent/guardian/other person with the care and supervision of a minor uses reasonable force when and to the extent the person reasonably believes necessary to maintain discipline or promote welfare of minor. Sec. 161.205. [Cr.]
Parents can use reasonable supervision and control when raising their children. 23 Sec. 6302.[Ci.] Parent/guardian/person responsible for general care and supervision/ person acting at request of the above may use force for the purpose of safeguarding or promoting welfare of minor including the prevention or punishment of his misconduct, and if the force is not designed to cause or known to create a substantial risk of causing death, serious bodily injury, disfigurement, extreme pain, mental distress, or gross degradation. 18 Sec. 509.[Cr.]
Abuse occurs when a child's physical or mental welfare is harmed or threatened by a parent or person responsible for child's welfare, by means including excessive corporal punishment which causes physical or mental injury or creates or allows to be created a substantial risk of physical or mental injury. Sec. 40-11-2.[Ci.] Serious physical injury is Any injury, other than a serious bodily injury, arising from other than non-excessive corporal punishment. Sec. 11-9-5.3. [Cr.]
"Harm" includes inflicting or allowing to be inflicted physical or mental injury sustained as a result of excessive corporal punishment. "Harm" does not include corporal punishment or physical discipline if- Administered by a parent or person acting in place of a parent, Perpetrated for the sole purpose of restraining or correcting, Force is reasonable in manner and moderate in degree, There is no permanent damage, and Behavior of parent is not reckless or grossly negligent. Sec. 20-7-490.[Ci.] Corporal punishment of a child or physical discipline administered by a parent or person in loco parentis in a manner which does not cause great bodily injury is not prohibited. Sec. 16-3-95.[Ci.]
It is abuse to cruelly punish. Sec. 26-10-1.[Cr.] Parent/guardian/teacher/school official can use, attempt, or offer to use force if reasonable in manner and moderate in degree, and used to restrain or correct as necessitated by misconduct or refusal to obey a lawful command. Sec. 22-18-5 [Cr.]
Permits criminal charges against a parent/guardian/custodian who administers "unreasonable" corporal punishment, which causes "injury" to the child. Sec. 39-15-401 [Cr.] Severe child abuse includes the knowing use of force on a child that is likely to cause great bodily harm or death. Sec. 37-1-102 [Cr.]
Abuse does not include reasonable discipline by a parent/guardian/managing or possessory conservator if child not exposed to substantial risk of harm. Family Code Sec. 261.001.[Ci.] Parent/stepparent/person standing in loco parentis to child is justified to use non-deadly force against a child under 18 when and to degree the actor reasonably believes necessary to discipline, or safeguard or promote child's welfare. Penal Sec. 9.61.[Cr.]
Force is justified if used for reasonable discipline of a minor by parent/guardian/person standing in loco parentis. Defense not available if caused serious bodily injury or death. Sec. 76-2-401.[Cr.]
Parent has a right to inflict corporal punishment on a child subject to his disciplinary control when motivated by a corrective purpose and not by anger, when not inflicted upon frivolous pretenses, when it is not excessive or otherwise unreasonably inflicted, and when it is not cruel or merciless. State v. Martin, 751 A.2d 769 (Vt., 2000)
Excessive, unreasonable, or cruel punishment is unlawful. A parent has the right to administer such reasonable and timely punishment as may be necessary to correct faults in children. The right cannot be used as a cloak for the exercise of malevolence or the exhibition of uncontrolled passion on the part of the parent. Punishment must be within the bounds of moderation and reason and for the welfare of child, if due moderation is exceeded then parent is criminally liable. The age, size and conduct of child will be considered as well as the instrument used for punishment and the kind of marks or wounds inflicted on the child's body. Carpenter v. Commonwealth, 44 S.E.2d 419 (Va., 1947)
Reasonable parental discipline which does not injure child's health, welfare, and safety, including reasonable use of corporal punishment as a means of discipline is not prohibited. Sec. 26.44.015.[Ci.] Physical discipline is not unlawful if reasonable and moderate and inflicted by parent /guardian for restraint or correction. Presumed unreasonable if the following are used to correct/ restrain: -- Throwing, kicking, burning, cutting, striking with a closed fist, shaking a child under 3, interfering with breathing, threatening with a deadly weapon, any other act likely to cause and which does cause bodily harm greater than transient pain or minor temporary marks. [Statute says this list is illustrative and not exclusive]. Age, size, condition of child, and location of injury are all factors in determining "reasonable" and "moderate." Sec. 9A.16.100.[Cr.]
Physical injury can include that which is the result of excessive corporal punishment. Sec. 49-1-3 [Ci.]
Use of force is justified when actor's conduct is reasonable discipline of a child by a person responsible for child's welfare. Reasonable discipline may involve only such force as a reasonable person believes is necessary. Never reasonable to use force intended to cause great bodily harm or death, or which creates an unreasonable risk of great bodily harm or death. Sec. 939.45.[Cr.]
Abuse means inflicting or causing physical or mental injury to a child other than by accidental means including by excessive or unreasonable corporal punishment. Physical injury means any harm to a child including, but not limited to, disfigurement, impairment of any bodily organ, skin bruising if greater in magnitude than minor bruising associated with reasonable corporal punishment, bleeding, burns, fracture of any bone, subdural hemotoma or substantial malnutrition. Sec. 14-3-202.[Ci.] A "neglected child" includes one abused by the infliction of physical or mental injury including excessive or unreasonable corporal punishment. Sec. 14-3-402.[Ci.] Same definition as civil abuse definition - definition of physical injuries excludes those as a result of reasonable corporal punishment. Sec. 6-2-503.[Cr.]
CORPORAL PUNISHMENT-STATE STATUTE ANALYSIS
SPECIFICALLY ALLOWS FOR SPANKING - The terms spanking (or paddling/switching) are used to permit these forms of corporal punishment, if administered in a reasonable manner:
| California | Mississippi | Missouri |
| Nevada | Oklahoma |
REASONABLE AND NECESSARY STANDARD IMPOSED - Reasonable physical force is permitted when, and to the extent believed necessary, to maintain discipline:
| Alabama | Alaska | Arizona | Arkansas |
| Colorado | Connecticut | Indiana | Louisiana |
| Main | Mississippi | Montana | New Hampshire |
| Oregon | South Dakota | Texas | Wisconsin |
AGE AND CONDITION OF THE CHILD MUST BE CONSIDERED - Corporal punishment will be evaluated in light of the age and the condition of the child:
| Arkansas | Delaware | Hawaii |
| Maryland | Washington |
SPECIFIC ACTS ARE LISTED THAT WOULD NOT BE CONSIDERED AS LAWFUL IF INFLICTED AS PART OF CORPORAL PUNISHMENT:
| Arkansas | Delaware | Florida |
| Montana | Washington | Wyoming |
THE USE OF CRUEL OR INHUMAN CORPORAL PUNISHMENT IS PROHIBITED:
| California | Connecticut | Idaho | Kansas |
| Kentucky | Minnesota | Nebraska | New Mexico |
| North Carolina | Ohio | South Dakota |
EXCESSIVE CORPORAL PUNISHMENT IS NOT ALLOWED - Acts are prohibited when they are excessive under the circumstances:
| District of Columbia | Illinois | Nevada | New Jersey |
| New York | North Dakota | Ohio | Rhode Island |
| South Carolina | West Virginia | Wyoming |
"NO PHYSICAL INJURY" or "NO SUBSTANTIAL RISK OF PHYSICAL INJURY" LIMITATION IS PLACED ON THE USE OF CORPORAL PUNISHMENT:
| Georgia | Iowa |
NO SERIOUS or SUBSTANTIAL BODILY INJURY LIMITATION IS PLACED ON THE USE OF CORPORAL PUNISHMENT - Does not specifically prohibit physical injury through corporal punishment, but just a serious injury:
| Californai | Colorado | Hawaii | Kentucky |
| Maine | Missouri | Nebraska | New Hampshire |
| North Carolina | North Dakota | Ohio | Pennsylvania |
| Rhode Island | South Carolina | Tennessee | Utah |
| Wisconsin |
"NON-DEADLY FORCE" LIMITATION IS PLACED ON THE USE OF CORPORAL PUNISHMENT - Does not specifically prohibit corporal punishment, even where it results in an injury or serious injury to the child, as long as deadly force was not utilized:
| Alaska | New York | Texas |
Model for Banning Corporal Punishment of Children in All Settings, Including Homes
(Introduced in Wisconsin 1991-1992)
Corporal Punishment of Children.
- In this section, "corporal punishment" means the intentional infliction of physical pain as a means of discipline. "Corporal punishment" includes, but is not limited to, any of the following when used as a means of discipline:
- Paddling
- Spanking
- Slapping
- Prolonged maintenance of physically uncomfortable positions
- Except as provided in sub. (3), no person responsible for a child's welfare may subject the child to corporal punishment.
- Subsection (2) does not prohibit a person responsible for a child's welfare from:
- Using reasonable and necessary force to obtain possession of a weapon or other dangerous object within a child's control.
- Using reasonable and necessary force to quell a disturbance that threatens physical injury to any person.
- Using reasonable and necessary force for the purpose of self-defense or the defense of others under s. [XX].
- Using reasonable and necessary force to prevent the child from inflicting harm on himself or herself.
- Using incidental or minor physical contact designed to maintain order and control.
- This section does not create a separate basis for civil liability, including liability under s. [XX], of a person responsible for a child's welfare for damages arising out of a claim involving allegations of improper or unnecessary use of force against a child by a person responsible for the child's welfare.